Employer's liability claims solicitors

Employer's liability personal injury claims

The following should be used as a guideline when deciding whether your employer is at fault and whether you can make a liability claim:

• Your employer has a responsibility and duty of care to protect their employees as well as any contractors and visitors from accidents and injuries
• Employers must provide their employees with the appropriate machinery and tools to allow them to undertake their jobs safely
• Employers must also make sure that all tools and machinery are maintained to a safe condition and all safeguards are working correctly
• Your employer must ensure the workplace is kept in a safe and tidy condition. This means employers should ensure their employees are provided with suitable workstations and chairs where applicable. Doors, gates and emergency exits should never be obstructed, and all corridors, floors and carpets should be free from hazards
• All employers should ensure their employees are provided with the correct and appropriate training for their jobs and should receive training on how to lift heavy objects and operate machinery where necessary
• Employers should ensure their employees are provided with all and any appropriate safety gear. This may include ear defenders, goggles, coveralls, dust masks, safety gloves and boots and high-visibility jackets

If your employer fails to ensure your safety by not following any of the outlined procedures and you are injured as a result, you could be eligible for an employer liability claim. If you are injured whilst at work, there is no need to worry about losing your job by making a compensation claim as your employer is legally obliged to have worker compensation insurance. This means the compensation will come out of their insurance policy rather than their own pocket. Throughout the employer’s liability claims procedure, we will be at your side and ensure you are kept up to date. If you want to bring an employer’s liability claim against your place of work after an accident, that was not your fault, then contact our experts in employer’s liability law on 0161 696 6235.

Recent settlement

• Shahina Sakeria recently settled a claim for £15,000, our client was was walking on felted roof and fell through a hole which was not secured properly. They suffered from a soft tissue and shoulder injuries and were absent form work for 9 months due to accident related symptoms.

Employer’s liability claims FAQs

What is an employer liability claim?

Employer liability claims can happen when an employer doesn’t hold up to their duty of care to their staff e.g. offer a safe working environment. Claims against employers can be made if it can be proven that they have not done so.

What is worker compensation insurance?

All employers are required to have comprehensive worker compensation insurance also known as Employment Liability Insurance, to protect themselves and their employees in the event of a liability claim. Worker compensation insurance pays for any compensation claims, meaning in the event of an accident and where a claim is filed, the insurance policy pays the compensation ensuring the employer does not have to pay for it personally or through company funds.

What if my employer has gone bankrupt?

As long as your employer was insured at the time of the incident, the worker compensation insurance policy will still cover a compensation claim, even if they are no longer in business. In some instances of employer’s liability claims, employers must pay an excess, i.e. the first part of any claim to a specified amount. If your employer has gone bankrupt this amount would be unlikely to be paid.

What happens if I am injured at work?

If you are injured at work, and the incident was not your fault, contact us as soon as possible. An employer’s liability claim will have to be made against your employer who will then pass this on to their insurance provider. Their insurance provider will no doubt do everything they can to try and avoid paying out and will often ignore a claim unless a solicitor is involved. This is why it is so important to contact our specialist employer’s liability solicitors. We have years of experience in dealing with accident at work claims, especially where it comes to employer’s liability claims.

Why should I make an employer’s liability claim?

An accident at work compensation claim helps pay for any loss of earnings you may have experienced if you were unable to work due to your injuries as well as any medical treatments you may need as a result. It also helps pave the way for new safety measures to be introduced, potentially saving others from injury as your employer will then be required to take the appropriate steps to ensure an accident does not happen again.

How to prove your employer’s liability claim?

As with any legal case, we will need to prove that your employer was negligent or they breached their duty of care and this led to your accident. The type of proof needed will depend on each case. However, we do this by finding evidence that the working environment did not adhere to minimum health and safety regulations, or you were not provided with adequate training, personal protective clothing or a risk assessment was not carried out correctly. This would mean that you would be able to make an employer’s liability claim with Stephensons.

We will also have to need to prove ‘medical causation’ which means we will have to prove that your injuries, loss and damage has been caused by employer liability. This is generally done by obtaining a report from a suitable medical expert. 

Can I be fired for making an employer’s liability claim against my employer?

Your employer cannot dismiss you for making a claim, so there is no need to worry about losing your job should you be able to return to work. If you are facing problems at work due to your compensation claim, speak to our employment lawyers. 

For expert advice on employer’s liability claims or to speak to an expert about employer liability contact the specialist employer liability team at Stephensons on 0161 696 6235. We’re here to help and your best interests are at the heart of everything we do.

How much compensation can I expect to get, if I make a successful employer’s liability claim?

The amount of compensation that you will be rewarded for your employer’s liability claim will depend entirely on your individual case. Each settlement that is awarded to a liability claim differs depending on the injuries that you have suffered as a result of the negligence of your employer and how they now affect your day to day life. Although we are experts in claims against employers, it can be difficult to say exactly how much you will be rewarded for your specific case, without knowing more detail. By contacting our employer’s liability solicitors, you can learn more about employer liability and will have the opportunity to discuss the specifics of your case, so you know what you can expect going forward. If our team think that your liability claim is worth pursuing, we will inform of the next steps and will keep you involved during every step of the process, until your settlement is paid. Whilst we can’t give you an idea of your compensation amount right now, you can rest assured that our employer’s liability solicitors will do their utmost to ensure that you’re rewarded the highest amount of compensation for your case.